Article I
General Provisions and Definitions
- WebHouse, s.r.o. issues these General Terms and Conditions (hereinafter also the “GTC”) for the provision of services on the portal www.webhouse.sk.
- Contracting parties:
- WebHouse, s.r.o., with its registered office at Paulínska 20, 917 01 Trnava, Slovak Republic, registered in the Commercial Register of the District Court Trnava, Section Sro, File No. 19692/T, Company ID (IČO) 36743852, Tax ID (DIČ) 2022329705, VAT ID SK2022329705, bank details: Tatra banka, IBAN SK98 1100 0000 0026 2380 5672, postal address WebHouse, s.r.o., Paulínska 20, 917 01 Trnava, Slovak Republic, tel. +421.2 70 70 90 90, e-mail webhouse@webhouse.sk, represented by Ing. Ivan Pekarovič, Managing Director (hereinafter also the “Provider”).
- A natural person or a legal entity that has electronically ordered services via the e-shop www.webhouse.sk, www.setup.sk or by e-mail, and to whom WebHouse, s. r. o. provides services on the basis of a contract concluded in accordance with these GTC (hereinafter also the “Customer”).
- Supervisory authority overseeing the Provider’s activities: Slovak Trade Inspection (SOI), SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1, Department of Technical Control of Products and Consumer Protection, tel. no.: 033/5512 689, 033/5512 690, fax no.: 033/5512 656, e-mail tt@soi.sk.
- These GTC apply within the territory of the European Union to the provision of services ordered via the e-shop at www.webhouse.sk and enter into force on the date of their publication on www.webhouse.sk.
- All relationships between the Provider and the Customer that are not governed by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended. If the Customer is a consumer within the meaning of Section 52(3) of Act No. 40/1964 Coll., the Civil Code, as amended, i.e., a customer who, when concluding and performing the contract, does not act within the scope of their business or other entrepreneurial activity, relationships not governed by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended.
- The Customer’s rights vis-à-vis the Provider arising from Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises and on Amendments to Certain Acts shall remain unaffected by these GTC.
- If the Provider rejects the Customer’s request for remedy of an infringement of their consumer rights, or if it has not responded to such request for more than 30 days, the Customer has the right to обратиться to the relevant alternative dispute resolution entity for consumer disputes. The online dispute resolution platform is available at https://ec.europa.eu/consumers/odr/. The list of ADR entities and other important information on alternative dispute resolution for consumers is available on the Ministry of Economy of the Slovak Republic website.
Article II
Order
- A condition for the validity of an electronic order is the truthful and complete completion of the order form at www.webhouse.sk. The Provider shall not be liable for delays in the delivery of the service and for any damage caused as a result of the Customer not providing all required information and/or completing the order form incorrectly. The Provider shall also not be liable for damage caused to the Customer as a result of the Customer forgetting their access credentials or the Customer’s access credentials coming into the possession of unauthorized persons without fault of the Provider.
- An accepted electronic order is considered an offer to conclude a purchase contract and is binding. A purchase contract between the Provider and the Customer is concluded on the basis of confirmation of the electronic order in the Provider’s system. The Provider is obliged to send the Customer a binding order confirmation by e-mail to the Customer’s e-mail address provided in the electronic order, without undue delay after the order is delivered to the Provider. Otherwise, it shall be deemed that no purchase contract has been concluded between the contracting parties. The Customer is obliged to check the content of the electronic order stated in the e-mail message from the Provider. If any discrepancies are found regarding the content of the electronic order confirmed by the Provider, the Customer is obliged to notify the Provider by e-mail sent to webhouse@webhouse.sk.
- The essential elements of an electronic order are considered to be:
- Identification of the Customer, i.e., company name or first name and surname, registered office/residence, Company ID (IČO), Tax ID (DIČ), contact details (telephone and e-mail address);
- Name of the ordered service, e.g., domain name, web hosting service, etc.;
- Quantity of the ordered service, e.g., the number of years for which the Customer orders domain registration.
- If the order does not contain the elements under the preceding paragraph, it shall be considered incomplete. In such case, the Provider will attempt to contact the Customer and request the removal of deficiencies in the electronic order and its possible specification and/or supplementation. Upon delivery of the data specifying and/or supplementing the electronic order to the Provider, the electronic order shall be considered complete.
- The Customer expressly agrees to the commencement of the provision of the ordered services immediately after the Provider confirms the order. The Customer also declares that they have been duly informed that by expressing this consent they lose the right to withdraw from the purchase contract after the service has been fully provided, and if the service has been fully provided.
Article III
Order Cancellation – Withdrawal from the Contract
- The Customer has the right to cancel an electronic order without stating a reason at any time before its binding confirmation by the Provider in accordance with Article II, point 2.
- If the Customer is a consumer, they have the right to withdraw from the contract within 14 days. The consumer may not withdraw from a purchase contract the subject of which is the provision of a service if the provision of the service began with the consumer’s express consent and the consumer declared that they had been duly informed that by expressing this consent they lose the right to withdraw from the purchase contract after the service has been fully provided, and if the service has been fully provided.
- The Provider reserves the right to cancel the order or part thereof in the following cases:
- The order could not be bindingly confirmed (incorrect e-mail address provided, it is not possible to deliver the order confirmation to the specified e-mail address, the Customer does not respond to e-mails, etc.);
- The service is no longer provided, its price has changed significantly, or the service cannot be provided, for example if the Customer ordered the registration of an already existing domain, or the domain was registered by another entity before the Provider registered it. If this situation occurs, the Provider will immediately contact the Customer in order to agree on further steps. If the Customer has already paid part or all of the purchase price, this amount will be refunded to the Customer without undue delay, but no later than within 14 days from the date the Provider becomes aware of the above facts.
Article IV
Rules for Domain Registration and Renewal
- The Provider will register the selected domain after receiving a duly completed order via the form at www.webhouse.sk and after the online order has been paid according to the Provider’s price list. The Provider will start processing the Customer’s order without undue delay, no later than on the next business day after the above conditions have been met.
- Fees for successful domain registration or renewal are non-refundable. The Customer has the right to cancel an order for domain registration or renewal, i.e., to withdraw from the contract, only before the domain is registered or renewed. After the domain has been registered or renewed, it is not possible to cancel the order (withdraw from the contract) or refund the fee for registration or renewal of the domain. The Customer agrees to the provision of the registration service immediately after submitting the order.
- The Provider does not guarantee successful registration because domain registrations are governed by the priority rule. If, at the time the Provider submits the registration request, the domain is already registered in favor of a third party, the order will be rejected and the payment will be refunded to the Customer.
- The Customer is obliged to provide the Provider with the necessary cooperation for domain registration. In particular, the Customer is obliged to provide the Provider with the documents required for successful registration in the form requested by the Provider. If the Customer does not provide the necessary cooperation within 5 days, the domain will not be registered and the Provider will refund the price paid to the Customer after deducting a flat fee of EUR 12 including VAT.
- The Customer is obliged to place an order for domain renewal by paying the renewal fee no later than the due date of the pro forma invoice issued by the Provider. A payment made after this period will be accepted; however, the Provider does not guarantee the renewal of the domain.
- The Provider shall not be liable to the Customer for damage incurred as a result of the fact that, in the same or a similar time period, multiple requests were made to register the same or a similar-sounding domain with other registrars and one of the registrars registered the domain for another person earlier than the Provider. If, as a result, the domain registration order cannot be fulfilled, the Provider will refund the price paid to the Customer.
- The Customer is obliged to provide only formally correct, complete, accurate and truthful information in the order and is obliged to deliver to the Provider complete, correct and valid documents required for domain registration. The Customer is responsible for the correctness and completeness, accuracy and validity of the data and submitted documents. If the Customer fails to provide the Provider with all required data and documents, or if the data or documents prove to be incorrect, untrue or incomplete, the registration will not be carried out until the relevant deficiencies are remedied by the Customer.
- For the purpose of identifying the Customer, the Provider will record the IP address and the Customer’s access to the Provider’s web portal. The Customer is obliged to compensate the Provider for any damage that may arise as a result of not providing correct, complete, accurate and truthful information when registering the domain. In the event of any deficiencies in the provided data or errors in the registration process, the Provider will immediately contact the Customer by e-mail.
- The Provider shall not be liable for any outages and incorrect outputs of whois and similar databases when verifying domain availability.
- The Provider does not check or verify the Customer’s domain registration orders in relation to the registered domain name, nor does it bear any legal responsibility for it. Any possible legal consequences of registering domains that conflict with a third party’s trademark or other right, or that conflict with another legally protected designation of a third party, shall be borne by the Customer. Administrators of domains of certain countries and territories may require the Customer to provide documents confirming the legitimacy of the registration request for a specific domain name. In such case, the Customer will be asked to submit documents during the registration process, and the registration will not be carried out until they are duly submitted. If the Provider receives a notice from a third party that the registration of a domain infringes any of the above rights, the Provider is entitled to suspend, cancel, or, at its sole discretion, take other appropriate measures with respect to the disputed domain name, without any financial or other claim arising for the Customer against the Provider, who is in this respect entitled to dispose of the domain without instructions from the Customer; the Provider will inform the Customer accordingly.
- A Customer who uses the Provider’s services under these GTC and is not simultaneously the holder of the domain declares that they are authorized to act on behalf of the domain holder. In such case, the Customer is obliged to inform the domain holder of these GTC. The domain holder is obliged to comply with the obligations set out in these GTC by analogy and the Customer is obliged to ensure the domain holder’s consent to these GTC.
- The Provider shall not be liable for the expiration of a domain unless the Customer has duly and timely paid the fee according to the Provider’s price list. In the event of delayed payment of the domain renewal fee, the domain expires on its expiration date unless otherwise specified. Emergency renewal of a domain after the expiration date is possible only for certain domain extensions and is subject to a higher fee according to the current price list. The Provider does not guarantee emergency renewal of a domain after its expiration.
- By failing to pay the domain renewal fee by the domain’s expiration date, any obligations of the Provider in relation to the given domain name shall cease. The domain name may be automatically cancelled, or its further existence shall be governed by the rules of the relevant registry regulating the relationship between the domain holder and the registry. The Customer is obliged to respect and comply with these rules. The Provider is not obliged to remind the Customer of obligations towards third parties arising from domain ownership.
- The Provider has the right, in the event of non-payment of the domain renewal fee within 14 days after the domain’s expiration date, to cancel the provision of web hosting services established for that domain, without the Customer being entitled to a refund of the pro-rata part of prepaid web hosting services.
- The Provider has the right, in the event of a breach of the rules of the mandate agreement, to withdraw from providing a local contact, or to completely cancel the domain name, without any claim by the Customer. The Customer is liable for any damages of a legal, financial or other nature incurred, and the Provider has the right to claim these costs from the Customer in full.
Article V
Rules for Providing Web Hosting, Server Hosting and Server Housing
- The Provider will set up the web hosting service after receiving a duly completed order via the form at www.webhouse.sk or www.setup.sk. The Provider will start processing the Customer’s order without undue delay, no later than on the next business day after receiving the order.
- The Customer has the right to withdraw from the contract for the provision of web hosting services within 14 days from its conclusion, in writing to the Provider’s address specified in Article I point 2a of these GTC. The Customer also has the right to submit a complaint at the said address.
- The Customer is responsible for the technical correctness of the website(s) and for the correctness of outputs on the client’s computer.
- The volume of processed data is limited to the amount of allocated disk space according to the operated plan variant. The Provider is entitled to adjust the parameters and price of the service according to the actually occupied disk space. The term “unlimited space” means space in which any data that directly relates to the operation of the website may be stored, i.e., data that is directly displayed on the website, provided that the provision of point 8 of this Article is not violated. The Provider is entitled to limit the maximum number of files stored in the FTP space of one shared web hosting service to one million. The Customer may not misuse the service for storing or archiving data that is not directly related to the content displayed on the website(s). The Provider is entitled to permanently delete such data from the server without prior notice.
- The Provider shall be liable for any damage caused to the Customer due to the non-functionality of services (server unavailability, loss of data from the server, malfunction of web, mail or database services or parts thereof, etc.) up to the amount of the paid price of the web hosting service for the calendar month in which the damage occurred.
- The Customer may not set up and publish websites whose content is contrary to law or good morals. If this happens, the Customer is fully responsible for their actions and for any damages caused to the Provider or third parties.
- The Customer may not misuse the service to harass third parties, in particular by repeatedly sending unsolicited data and e-mails (spam).
- The Provider has the right to immediately, without prior notice, suspend the provision of the service for a Customer who attempts to operate:
- a website containing pornographic material (text, images, video),
- a website offering illegally obtained software for the purpose of further sale or provision to third parties, or a website of similar focus,
- a website aimed at distributing unsolicited e-mails (spam), a public chat,
- a website that excessively loads the database or web server,
- a website containing an excessive amount of photographs, music and movie files (jpeg, mp3, mpeg, avi, etc.),
- a website suspected of being in conflict with the law,
- a website that, in the Provider’s opinion, may cause damage to the Provider or third parties.
- The Provider is obliged to make every effort to ensure uninterrupted operation of the Customer’s websites. In the event of an outage of the web server availability, the Provider undertakes to extend the prepaid period by 1000 times the duration of the outage, but by no more than 3 months if the outage is shorter than 12 hours, or 1 year if the outage is longer than 12 hours, except where unavailability is:
- announced in advance as planned maintenance,
- shorter than 5 minutes, caused by necessary technological procedures (service restart, machine restart, etc.),
- caused by an outage of the connection between the Customer and the Provider’s servers,
- caused by a power outage beyond the coverage of the backup power supply,
- caused by a natural disaster, an act of God, or extreme weather.
- If the Customer is no longer interested in using the Provider’s services, the Customer is obliged to notify the Provider by e-mail or in writing no later than by the end of the prepaid service period.
- The Provider reserves the right to unilaterally modify the features of the service.
- The Customer has the right to change the hosting service to any other service at any time during the prepaid period of the original service. If the price of the new service is higher than the price of the original service, the remaining prepaid period of the original service will be recalculated into the new prepaid period of the new service according to the ratio of the prices of the original and the new service. If the price of the new service is the same or lower than the price of the original service, the prepaid period does not change as a result of the service change.
- The hosting service is not intended for data archiving. Data archiving is also considered to be the storage of files on the web server or e-mail messages on the mail server associated with a specific domain within the hosting service if the given domain is not operated on this server but is non-functional, does not exist, or is operated on another server or with another provider for more than 14 days. The Provider is entitled to delete such archived data from the server.
Article VI
Payment Terms
- The Customer shall pay the Provider remuneration for the services provided (hereinafter “fees”) in the scope and amount set out in the price list, which is publicly available at www.webhouse.sk.
- Fees for domain registration and domain renewal are due annually, or in multiples of years depending on the period for which the domain is registered or its validity renewed. After the registration or renewal service has been provided, the paid fee is non-refundable.
- Fees for web hosting services are payable monthly, quarterly, semi-annually or annually in advance, unless agreed otherwise. In the event of early termination of the contractual relationship by the Customer, the Customer is entitled to a refund of the pro-rata portion for services prepaid and not used. The Provider shall reduce this amount by a fee of EUR 36.90 including VAT (EUR 30 excluding VAT), which covers the Provider’s costs of administrative and technical termination of the provided services.
- The Provider charges fees for services that are yet to be provided by issuing pro forma invoices. Within 15 days after the Customer pays the pro forma invoice, the Provider will issue a tax document (invoice). The pro forma invoice as well as the tax document may be sent to the Customer electronically (by e-mail). The Customer is responsible for the functionality of the Customer’s e-mail address, which the Customer determines themselves in the administrative interface.
- For the purpose of cashless payment transactions, bank accounts are maintained with the following banks:
- Tatra banka, IBAN: SK98 1100 0000 0026 2380 5672,
- Slovenská sporiteľňa, IBAN: SK28 0900 0000 0002 8486 0757,
- VÚB, IBAN: SK55 0200 0000 0022 7317 7855.
- Payment may be made:
- by bank transfer to any of the accounts specified in point 5 of this Article,
- by payment card VISA, EUROCARD/MASTERCARD and DinersClub, issued by any banking institution in the world,
- via the PayPal payment gateway,
- by postal money order to the Provider’s postal address.
- The Provider is not obliged to remind the Customer to pay fees and shall not be liable for damage that may arise if non-payment results in limitation or cancellation of the provided services, e.g., suspension of web hosting operation, domain expiration or cancellation, etc.
- The Customer is obliged to pay on time and to the correct account the exact amount stated on the invoice and not to round it down or up arbitrarily. Payment shall be deemed made if, by the due date, it is credited to the Provider’s correct bank account, under the correct variable symbol and in the correct amount. In cases where the payment does not meet these conditions, the Provider reserves the right not to start providing the service or to restrict, suspend or terminate its provision. By providing an incorrect variable symbol, there is a possibility that the Customer will pay for a different service, which will be provided after payment and the paid fee will be non-refundable (point 2 of this Article).
- If the Customer pays the invoice from abroad, the Customer is obliged to ensure that the amount is credited to the Provider’s account in the full invoiced amount, i.e., all bank fees on the payer’s and the payee’s side are borne by the Customer.
- The Provider is entitled to notify the Customer in writing or by e-mail of their obligation to pay the outstanding amount if the Customer has not paid the price of the services invoiced by an invoice within the due date, and shall set an additional deadline for payment of the receivable. The fee for the written notice, as well as all costs incurred in collecting the receivable, shall be borne by the Customer if the reason for non-payment is on the Customer’s side.
- If the Customer fails to pay the invoice by the due date, the Provider is entitled to late payment interest in the amount of 0.05% of the outstanding amount for each calendar day of delay. If the Customer is in arrears for more than 7 days from the invoice due date, the Provider is entitled to cancel the provision of services or suspend them until the invoice and late payment fees are fully paid, and to charge a reactivation fee if stated in the Provider’s price list.
- Services recorded in one customer account are provided to one Customer, who is obliged to keep their billing and contact details always up to date and truthful. Too frequent or unjustified changes to billing details are not allowed. A change of billing details is possible only in justified cases, such as relocation of a natural person, a change of surname related to marriage, death of a natural person, dissolution of a legal entity, change of the registered office of a legal entity, succession of another legal entity, and similar.
Article VII
Credit-Based Payments
- The Customer may prepay credit for the Provider’s services in any amount. The minimum one-time deposit is EUR 30; the maximum deposit is not limited. The Customer may use this credit as needed to pay invoices issued by the Provider.
- The Customer may mark services in the administrative interface for automatic renewal from the prepaid credit. If, at the time the invoice is issued for such services, the Customer has sufficient credit, the invoice is automatically paid from the prepaid credit.
- Refund of unused credit is possible exclusively by bank transfer to the Customer’s account in EUR. The Provider charges a handling fee for credit refund in the amount of 5% of the requested refund amount, however at least EUR 18.45 including VAT (EUR 15 excluding VAT) if the Customer’s account is held within the European Union, or EUR 30.75 including VAT (EUR 25 excluding VAT) if the Customer’s account is held outside the European Union. The handling fee also includes bank fees charged to the sender of the payment, i.e., the Provider, for executing the transfer. If the handling fee amount is higher than the remaining unused credit, the Provider is not obliged to refund the credit.
- The Customer is obliged, within three years from the date of the last credit top-up to their customer account, either to use this credit or to request its refund. Otherwise, the unused credit shall forfeit in favor of the Provider without compensation.
- In the event of a change in the VAT rate, credit that was prepaid during the validity of the previous VAT rate will be used in the required amount regardless of the change in the VAT rate.
Article VIII
Data Backups and Restoration
- The Customer has the right to request the Provider to back up data located in the FTP space, in e-mail mailboxes and in the Customer’s databases. The only acceptable form of request is enabling backups in the Setup administrative interface (www.setup.sk).
- The Provider backs up the Customer’s data at the intervals set by the Customer in Setup (from 1 to 14 days). Backups are performed as full backups of all data on the server, not incremental backups.
- Backups are free of charge up to 10,000 MB of backed-up data per month attributable to one web hosting service. Fees for backing up larger volumes of data are stated in the Provider’s current price list published at www.webhouse.sk.
- In the event of charging a fee, the Provider sends the Customer a monthly backup statement together with an invoice with a 14-day due date. If the charged amount is less than EUR 12.30 including VAT (EUR 10 excluding VAT), the Provider is entitled, for administrative reasons, not to send the invoice and to carry the charged amount over to the next month.
- The Provider is entitled to automatically use the Customer’s prepaid credit to pay the backup invoice.
- If the Customer uses the backup service, the Customer has the right at any time to request restoration of data from any backup from the previous 14 days that was created based on the Customer’s settings. The Provider is obliged to restore the data. The Provider is entitled to charge the Customer a data restoration fee according to the current price list published at www.webhouse.sk.
- Data restoration from backup is performed on business days from 7:30 a.m. to 4:00 p.m. in the order in which requests are received from Customers. The Provider will make every effort to perform the restoration no later than on the next business day after receiving the Customer’s request.
- If the Provider, for any reason (e.g., a technical error in the backup process), is unable to restore the Customer’s data, the Customer is entitled to a refund of the fee paid for backups for the entire previous month. The Provider shall not be liable for damages that arise or may arise to the Customer due to failure of backup or data restoration.
- The Provider is not obliged to back up the Customer’s data if the total volume attributable to one web hosting service exceeds 10,000 MB in the FTP space, or 10,000 MB on the mail server, or 3,000 MB on database servers. The Provider is not obliged to back up the Customer’s data if it records an outstanding payable for backups from the previous period past the invoice due date.
Article IX
Privacy and Personal Data Protection
- The Provider has set out the manner of handling personal data required for the contractual relationship in the document Personal Data Protection, which is available at www.webhouse.sk.
Article X
Mistaken Payments
- If the Provider receives a payment that was not made on the basis of an order or a contractual relationship with the Provider, it shall be considered a mistaken payment.
- The Provider is obliged to return such payment to the payer without undue delay after becoming aware of this fact or upon notification by the payer.
- The Provider is entitled to request reimbursement of purposefully incurred costs associated with processing and returning a mistaken payment, in particular bank fees, transaction tax, accounting processing costs and administrative costs.
- Reimbursement of costs pursuant to the preceding point shall be applied in the form of a flat administrative fee of EUR 10, which may be deducted from the refunded amount.
- If the amount of actually incurred costs exceeds the amount of the flat administrative fee, the Provider is entitled to request payment of such costs in a demonstrable amount.
Article XI
Other Provisions
- The Customer is not entitled to attempt to try, examine or test the Provider’s security, nor to break the Provider’s technical security measures. The Customer is further not entitled to use automated systems to download data of the Provider or other Customers of the Provider. The Customer must not reproduce or misuse processes for monitoring the content of the Provider’s web portals in any way. The Customer must not attempt to log in to a third party’s customer account without their consent, nor attempt to break the security of user accounts. The Customer must not interfere by technical means with the Provider’s web portal for the purpose of overloading or disabling it.
- The Provider is entitled to interrupt or temporarily suspend any service provided through www.webhouse.sk or www.setup.sk. In no event shall the Provider be liable to the Customer for any damage caused by temporary or permanent unavailability of its website or some of its applications.
- The Provider is entitled to reject the Customer’s order; in such case the Customer will be promptly informed and the paid funds will be refunded.
- If the Customer breaches the provisions of these GTC, the Provider is entitled to terminate the provision of services under these GTC with immediate effect and is further entitled to block the Customer’s access to the customer account at www.setup.sk with immediate effect.
- The Customer is obliged to report system errors that could lead to misuse of the system or unauthorized enrichment. The Customer is also prohibited from exploiting such errors.
- The contracting parties expressly agree that any mutual disputes will be resolved (if the Customer is an entrepreneur) by the court having local jurisdiction according to the Provider’s registered office.
- The Provider may amend or supplement the wording of these General Terms and Conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the General Terms and Conditions.
These GTC enter into force on 1 June 2018.
Instructions on Exercising the Consumer’s Right to Withdraw from the Purchase Contract